Complying Services. If the Commonwealth's Representative discovers or believes that any Services have not been performed in accordance with the Contract, the Commonwealth's Representative may give the Consultant an instruction specifying the non-complying Services and doing one or more of the following: requiring the Consultant to: re-perform the non-complying Services and specifying the time within which this must occur; and to take all such steps as are reasonably necessary to: mitigate the effect on the Commonwealth of the failure to carry out the Services in accordance with the Contract; and put the Commonwealth (as closely as possible) in the position in which it would have been if the Consultant had carried out the Services in accordance with the Contract; advising the Consultant that the Commonwealth will accept the non-complying Services despite the non-compliance. Re-performance of the Non-complying Services If a direction is given under clause 6.2, the Consultant must reperform the non-complying Services: within the time specified in the Commonwealth's Representative's instruction; so as to minimise any delay and disruption to the Services; and so as to minimise the delay and disruption to the Project.
Complying Services. If the Contractor's Representative discovers or believes that any Services have not been performed in accordance with the Subcontract, the Contractor's Representative may give the Consultant a direction specifying the non-complying Services and doing one or more of the following: requiring the Consultant to: reperform the non-complying Services and specifying the time within which this must occur; and take all such steps as are reasonably necessary to: mitigate the effect on the Contractor of the failure to carry out the Services in accordance with the Subcontract; and put the Contractor (as closely as possible) in the position in which it would have been if the Consultant had carried out the Services in accordance with the Subcontract; or advising the Consultant that the Contractor will accept the non-complying Services despite the non-compliance.
Complying Services. If a direction is given under clause 6.2, the Consultant must reperform the non-complying Services: within the time specified in the Contract Administrator's instruction; and if after the Date for Completion, so as to minimise the delay and disruption to the execution of the Works.
Complying Services. Direction by City If the City discovers or reasonably believes that any of the Services have not been performed in accordance with this Contract, and without limiting the City's rights elsewhere under this Contract or otherwise at law, the City may: at any time give the Consultant a direction specifying the non-complying Services and requiring the Consult to re-perform the Services which are non-complying; or advise the Consultant that the City will accept the non-complying Services and make an appropriate adjustment to the Fee to take account of such non-compliance as reasonably determined by the City.
Complying Services. If the Commonwealth's Representative discovers or believes that any Services have not been performed in accordance with the Contract, the Commonwealth's Representative may give the Consultant a direction specifying the non-complying Services and doing one or more of the following: requiring the Consultant to: re-perform the non-complying Services and specifying the time within which this must occur; and to take all such steps as are reasonably necessary to: mitigate the effect on the Commonwealth of the failure to carry out the Services in accordance with the Contract; and put the Commonwealth (as closely as possible) in the position in which it would have been if the Consultant had carried out the Services in accordance with the Contract; or advising the Consultant that the Commonwealth will not require re-performance of the non-complying Services, despite the non-compliance; and Without limiting any other provision of the Contract, the Commonwealth may give a written notice under clause 12.3 to the Consultant if the Commonwealth's Representative discovers or believes that any Services have not been performed in accordance with the Contract. Re-performance of the Non-complying Services If a direction is given under clause 6.(i), the Consultant must re-perform the non-complying Services: within the time specified in the Commonwealth's Representative's instruction; so as to minimise any delay and disruption to the Services; and so as to minimise the delay and disruption to the Project. If the Consultant fails to comply with paragraph (a), the Commonwealth may (in its absolute discretion and without prejudice to any other rights it may have) itself engage an Other Contractor to correct the non-complying Services and the cost of such correction will be a debt due from the Consultant to the Commonwealth.
